Purpose of Form
Use this form to classify an alien as:
- An Amerasian (Born after 12/31/1950 and before 10/23/1982);
- The widow(er) of a U.S. citizen;
- The abused spouse or child of a U.S. citizen or lawful permanent resident;
- The abused parent of a U.S. citizen; or
- A special immigrant. A special immigrant is defined as one of the following:
- Religious Worker
- Panama Canal Company Employee, Canal Zone Government Employee, U.S. Government in the Canal Zone Employee;
- International Organization or NATO-6 Employee or Family Member;
- Juvenile Declared Dependent on a juvenile court;
- U.S. armed forces member;
- Afghan or Iraqi national who worked for or on behalf of the U.S. government as a translator;
- Iraqi national who worked for or on behalf of the U.S. government in Iraq or
- An Afghan national who worked for or on behalf of the U.S. government or the International Security Assistance Force (ISAF) in Afghanistan.
Number of Pages
Form 19; instructions 16.
12/23/16. No previous editions accepted. You can find the edition date at the bottom of the page on the form and instructions.
Where to File
Don’t forget to sign your form! We will reject any unsigned form.
$435. You may pay the fee with a money order, personal check, or cashier’s check. When filing at a USCIS Lockbox facility, you may also pay by credit card using Form G-1450, Authorization for Credit Card Transactions. If you pay by check, you must make your check payable to the U.S. Department of Homeland Security. Please note that service centers are not able to process credit card payments.
If you are required to pay a fee for your petition or are unable to submit your petition electronically, you may still follow the form instructions and submit the Form I-360 by mail.
The following individuals are exempt from paying the $435 fee:
- Amerasians; (Box 1.A. on the form);
- Self-petitioning abused spouses or children of U.S. citizens or permanent residents (Box 1.I. or Box 1.J. on the form);
- Self-petitioning abused parents of U.S. citizens (Box 1.K. on the form);
- Special Immigrant Juveniles (Box 1.C. on the form); or,
- Iraqi nationals who worked for or on behalf of the U.S. government in Iraq (Box 1.L. or Box 1.M. on the form)
- Afghan nationals who worked for or on behalf of the U.S. government in Afghanistan (Box 1.L. or Box 1.N. on the form).
Note: Religious Workers may not file Form I-360 concurrently with a Form I-485. 8 CFR 245.2(a)(2)(B); Cf. Ruiz-Diaz v. United States, 703 F.3d 483 (9th Cir. 2012). A Religious Worker may file Form I-485 only after USCIS has approved the Form I-360.
Attestation for Special Immigrant Religious Worker Classification
All petitioners filing Form I-360 petitions for special immigrant religious workers are required to submit the employer attestation in Form I-360. If applicable, the petitioner is also required to submit the Religious Denomination Certification in Form I-360, which must be signed by the authorized representative of the religious organization within the denomination. Please refer to the form’s instructions for further details.
Widow(er)s of Deceased U.S. Citizens
At one time, section 201(b)(2)(A)(i) of the Immigration and Nationality Act provided that a citizen’s surviving spouse could file an immigrant visa petition if the citizen and surviving spouse had been married at least two years. On Oct. 28, 2009, section 568(c) of Public Law 111-83 amended the Immigration and Nationality Act so that you may be eligible to immigrate, even if you and your deceased spouse were married for less than 2 years when your spouse died.
You must still file your Form I-360 no later than 2 years after the citizen’s death.
Your eligibility for classification as the widow(er) of a U.S. citizen on the basis of a Form I-360 that you file after your citizen spouse died ends if you remarry before you immigrate or adjust status.
If your deceased citizen spouse filed a Form I-130, Petition for Alien Relative, before dying, you do not need to file a Form I-360. Your spouse’s Form I-130 was automatically converted to a Form I-360. If your immigrant visa petition was originally filed as a Form I-130, your remarriage does not necessarily mean you cannot immigrate. Section 204(l) of the Immigration and Nationality Act permits USCIS to approve the petition as a Form I-130, even if you have remarried.
Iraqi and Afghan nationals who worked for or on behalf of the U.S. government in Iraq or Afghanistan
You may scan and email your petition with the required documents (preferably in pdf format) to firstname.lastname@example.org.
If you scan and email your Form I-360, include the email address you want USCIS to use to send your electronic receipt. If you do not include an email address with your form, we will send the receipt notice electronically to the email address from which the petition was submitted.
If you submit your petition by email, you must bring the same original, signed Form I-360 that was submitted with you to your consular interview.
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